Legal Opinion
Rafeh-Rafie Ardestani v. United States Department of Justice, Immigration and Naturalization Service
Court of Appeals for the Eleventh Circuit
Decided July 6, 1990No. 89-8458PublishedCited by 31 opinions
1Opinion of the Court
FAY, Circuit Judge:
This case presents the first impression issue for this circuit of whether or not the Equal Access to Justice Act (EAJA) applies to immigration deportation proceedings. Appellant Rafeh-Rafie Ardestani was awarded attorney fees under EAJA as the prevailing party in a deportation proceeding by an immigration judge. Appellee the Immigration and Naturalization Service (INS) appealed, arguing that EAJA was inapplicable to deportation proceedings. Upon review, the Board of Immigration Appeals (Board) vacated the decision of the immigration judge and concluded that deportation…
2Cases cited56 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Califano v. SandersSupreme Court of the United States · 1977
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
51 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
- Andres Antonio Campos v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1992
- Luis Alberto Bedoya-Valencia v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1993
- SALAZARBoard of Immigration Appeals · 2002
- Pollgreen v. MorrisCourt of Appeals for the Eleventh Circuit · 1990
26 more not listed; retrieve them via the Exa API.